1.1 These Regulations apply to all sanitary and Phytosanitary measures taken by the Kingdom that may, directly or indirectly, affect international trade. These measures are developed and applied, according to the provisions of the Convention on the sanitary and phytosanitary measures (SPS) of the World Trade Organization
1-2 Apply the definitions set forth in Appendix (A) of the Convention of sanitary and phytosanitary measures (SPS) on this regulation.
1-3 The following annexes of the Convention on sanitary and phytosanitary measures (SPS), are considered integral parts of these regulations.
A - Definitions.
B - The clarity and transparency of the regulations.
C – Answering mechanism on inquiry and notification.
1.4 Nothing in these Regulations shall affect the rights of the SCO member states in accordance with the Agreement on Technical Barriers to Trade (TBT), for actions that do not fall within the scope of this regulation.
Basic Rights and Obligation
2-1 The Kingdom has the right to take necessary measures on sanitary and phytosanitary to protect human, animal and plant life and health, provided that such measures are consistent with the provisions of the Convention of sanitary and phytosanitary measures (SPS).
2-2 Application of any of the sanitary and phytosanitary measures (SPS), shall be limited to an extent necessary to protect human, animal or plant life or health based on scientific principles and basis, with no continuation of such measures without sufficient scientific evidence. With the exception of interim measures, that apply on the basis of information available and provided to seek additional information, which is necessary to acquire more objective risk assessment, in order to reconsider these measures within a reasonable period of time.
2-3 No discrimination without justification on taking sanitary and phytosanitary measures between the Kingdom and the other Member States of the Organization, which are similar in conditions with the Kingdom, and they may not be applied on human, animal or plant in a manner that restricts or form disguised restrictions to access the international trade markets.
2-4 Measures of sanitary and phytosanitary shall be consistent with the obligations of Member States of the Organization, in accordance with the provisions of the Convention (GATT 1994) relating to those measures and in particular the provisions in Article XX (b) as long as these measures are consistent with the provisions of the related provisions of the Convention.
3-1 Sanitary and phytosanitary measures adopted by the Kingdom are based on standards, specifications and international guidelines and recommendations, with the exception of precautionary and scientifically justified measures that achieve a higher level of protection than the level of the measures based on international standards, specifications and recommendations which are consistent with all the provisions of the Regulations.
3-2 Measures to protect human, animal or plant health in line with the standards are considered necessary to protect human, animal or plant health, which supposedly go in line with the relevant provisions of this Agreement and the Convention of GATT 1994
3-3 The Kingdom may maintain health and phytosanitary measures taken, to lead to protect the life or health of human, animal or plant at a higher level than can be achieved by implementing measures based on the appropriate international standards, guidelines and recommendations, that are scientifically justified or as a result of the level of particular protection of human, animal or plant, which is different from what can be achieved by using measures based on international standards, guidelines and recommendations, and consistent with all provisions of this Convention
3-4 The Kingdom fully plays its role within its relevant means in international organizations and their subsidiary bodies, especially in the International Organization for Animal Health (OIE) and the Codex Alimentative Commission (Codex CAC) and international and regional organizations operating under the International Convention for the protection of plants (IPPC), for the purpose of promoting and encouraging working within these organizations, to develop standards, guidelines and recommendations on all aspects of sanitary and phytosanitary measures and their regular review periodically.
4-1 The Kingdom shall take into account the Sanitary and Phytosanitary measures taken in other countries and members of the organization, if they are equivalent to its measures, even if these measures differ from those used by other members of the organization, which are trading in the same product, if the exporting member State proved to the Kingdom, objectively, that its measures achieve the level of protection for human, animal and plant health, applicable in the Kingdom. To verify that, the Kingdom is entitled to take measures, such as running any related necessary and appropriate tests.
Concluding specific bilateral or multipartite agreements, through holding negotiation, on recognizing specific equivalence of sanitary and phytosanitary procedures related to protecting human, animal and plant health. Other countries are equally entitled to do the same.
4.2 The Kingdom, at the request of a Member State of the Organization, may hold consultations, with a view to conclude bilateral or multilateral agreements, on the recognition of equal measures of sanitary and phytosanitary (SPS), for the protection of human, animal, and plant health.
(Assessment of Risk and Determination of the Appropriate Level of sanitary or Phytosanitary Protection):
5.1- The Kingdom takes into consideration that the established sanitary and phytosanitary measures taken to evaluate the fitness and the risks to human or plant health or life, are taking into account the methods of risk assessment adopted by the relevant international organizations.
5-2 The kingdom takes into account when assessing the risks of importing a product from a Member State, the scientific evidence available and production methods, appropriate sampling and tests, the extent of the spread of diseases and pests, areas free of diseases and pests in the exporting member state as well as the environmental conditions, quarantine measures and other treatments.
5-3 The kingdom takes into account when assessing the risks and identifying the measures that need to be applied to achieve the appropriate level of protection of human, animal and plant health, the economic factors, calculation of damages and losses in the event of emergence or spread of disease or imported pest, and costs of control in the territory of the importing country, and the relative effectiveness of the alternative methods cost for the control and reduction of risks.
5.4- The Kingdom shall work to minimize the negative effects on international trade to a minimum, when assessing the appropriate level of protection of human, animal or plant health.
5-5 The Kingdom avoids unjustified discrimination in the levels it considers appropriate to its position, if it leads to discrimination in the treatment or disguised restrictions of international trade, during the application of the concept of appropriate level of protection of human, animal or plant health against risk. It also cooperate with the Committee of Sanitary and Phytosanitary in the organization, to put the necessary instructions regarding this text.
5-6 The kingdom takes into account without prejudice not add restrictions on trade with the SCO member states than what is necessary to achieve the appropriate level of protection of human health, animal or plant, taking into account the technical and economic feasibility of these measures.
5-7 The Kingdom is entitled to adopt interim measures to protect human health, animal or plant on the basis of available information relevant in cases where there is no scientific evidence sufficient, as it would seek in those circumstances to get additional information that is necessary to increase the objective risk assessment and reconsider health measures and phytosanitary measures taken within a reasonable period of time.
5-8 The kingdom is entitled, when it believes that there are restrictions on its exports by another Member State without the standard specifications basis, guidelines or the appropriate international recommendations, to ask them to clarify the reasons for the application of these measures and the other party member should clarify the reasons.
Adaptation with the Regional Circumstances, Including Free Pests or Diseases Areas and the Areas with Low Pests or Diseases Prevalence.
6-1 The Kingdom ensures the adaptation of measures to protect human health, animal or plant applied in it with the characteristics of the area or areas where a product arises (free part or parts of disease – the range of prevalence - diseases / certain pests), taking into account the spread of certain diseases or pest control programs developed by international organizations concerned with the subject.
6-2 the Kingdom recognizes the concept of free of diseases or pests zones and areas of low prevalence (the basis of the selection is the geographical factors / environmental / epidemiological surveillance and the effectiveness of the protection of human health, animal or plant.
6-3 In case of announcing the presence of free zones of diseases and pests inside the kingdom, the Kingdom provides objective grounds and rationale for the importing country that supports the grounds that these areas are free or are likely to remain empty or that the spread of pests or diseases are low, for this purpose, the importing country at its request, is given the opportunity to enter the territory of the Kingdom for the purposes of inspection, testing and making any appropriate action, as the Kingdom has the right to take these same actions against other Member States.
Pursuant to the provisions contained in Annex (b) the Kingdom must notify the Secretariat of the Organization of any changes in health measures and plant health and to provide information about these measures.
(Control, Inspection and Approval Procedures):
The Kingdom takes into account the provisions of Annex (c) in conducting inspection, oversight and accreditation including the national systems to adopt the use of additives or when determining the allowable levels of contaminants in food, beverage and fodder, provided compliance and non-confliction with the provisions of these Regulations.
( Dispute Settlement and Consultations):
9-1 consultations are held to settle the disputes in accordance with the provisions of Articles (22.23) of the Convention (GATT 1994), in accordance with what is stated in this agreement and the memorandum of understanding for the settlement of disputes, unless otherwise stated specifically in this Agreement.
9.2 Nothing in this Agreement shall prejudice the rights of other members of the organization according to any international conventions.
9-3 The Convention of sanitary and phytosanitary should not cause any harm to the kingdom`s rights, which are provided by other international agreements, including the right to resort to amicable settlement or dispute settlement mechanisms in other international organizations, or those made under any international agreement.
The Kingdom takes into account, under this agreement, full compliance with all its obligations contained therein.